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2 Big Wins for Dan Arshack, '83

Congrats to Dan Arshack, '83, of Arshack, Hajek & Lehrman,
PLLC in New York City, who shared these reports of

1. a big appellate win against Fox News and their hired guns and

2. the dropping of criminal charges against a NYC hedge fund operator.

"We were contacted by the Colorado Office of the Public Defender in the case of
James Holmes the defendant in the Aurora, Colorado theatre shooting. We were
asked to make an effort to subpoena and attempt to compel a Fox News reporter
based in NYC to appear and to give testimony in the Colorado case. The
situation arose after law enforcement officials in Colorado, in an effort to
illegally influence the outcome of a death penalty case, violated a court
imposed gag order by leaking confidential communications between the defendant
and his psychiatrist to the Fox News reporter in NYC. The reporter is
attempting to rely on her statutory journalist shield to fight the subpoena and
refuse to disclose the identity of her confidential sources. She is
represented by mega-firm Hogan Lovels who has been resisting our efforts and
whom we beat at the trial level. Then they tried to have the subpoena stayed,
twice, at the Appeals Court and we beat them both times, so they appealed. In
June, I argued the case in the Appellate Division First Department and
yesterday the Appellate Division First Department in New York gave us the
win!"

And regarding the hedge fund operator case Dan wrote:

"Last year, I was retained to represent Chetan Kapur, the owner of Think
Strategy, a New York based hedge fund, who had been the subject of a prolonged
SEC investigation and civil suits filed by unhappy investors. We became involved
after he was arrested and after civil judgments had been entered against him in
the SEC and civil actions. After a year of evaluating the evidence and
meetings and negotiations with the Federal prosecutors, we succeeded in having
all the fraud charges dismissed and the Government agreed to resolve the case
with a minor record keeping violation. He was sentenced today before Judge
Keenan to a nominal time served sentence and no fine.

"After a year of devoting extraordinary resources to closely analyzing the case,
we were able to demonstrate to the Government that there was no reason to
maintain the serious and damaging charges which had been brought against our
client. We are gratified that the Government agreed to do the right thing by
dismissing all of the fraud charges and permitting a resolution involving a
simple regulatory offense related to books and records maintenance, a time
served sentence and no fine.”

The University of the District of Columbia David A. Clarke School of Law,www.law.udc.edu, is among the nation's most racially, ethnically, class and age-diverse law schools. Its minimum of 740 hours of clinical public interest legal service - a sum exceeded by most of its students - is clear evidence that the UDC David A. Clarke School of Law is America's preeminent public interest law school.